West Virginia Code 5-10A-4 – Determination by circuit court of ineligibility; jurisdiction; appeal
(a) If a participant, former participant or beneficiary informs the supervisory board within forty days after service of the notice as provided in section three of this article that he or she demands that the board seek a determination in circuit court, the board shall immediately file a petition in the circuit court in the county in which the board is located or in which the participant, former participant or beneficiary resides seeking that the court determine that the participant or former participant rendered less than honorable service as defined in section two of this article and that the affected participant, former participant or beneficiary is thereby ineligible to receive benefits. The circuit courts have jurisdiction to make the determinations.
Terms Used In West Virginia Code 5-10A-4
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means any person eligible for or receiving benefits on account of the service for a public employer by a participant or former participant in a retirement plan. See West Virginia Code 5-10A-2
- Benefits: means pension, annuity, disability or any other benefits granted pursuant to a retirement plan. See West Virginia Code 5-10A-2
- board: means the Consolidated Public Retirement Board. See West Virginia Code 5-10A-2
- Former participant: means any person who is no longer eligible to receive any benefit under a retirement plan because full distribution has occurred. See West Virginia Code 5-10A-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Less than honorable service: means :
(1) Impeachment and conviction of a participant or former participant under the provisions of section nine, article four of the Constitution of West Virginia, except for a misdemeanor. See West Virginia Code 5-10A-2
- Participant: means any person eligible for or receiving any benefit under a retirement plan on account of his or her service as an officer or employee for a public employer. See West Virginia Code 5-10A-2
(b) Upon the filing of a petition by a supervisory board, the circuit court shall give to the affected parties notice and an opportunity to be heard consistent with the demands of due process and necessary for a fair determination of the matter. Upon completion of its hearings the court shall make such findings of fact and conclusions of law as are appropriate. Except in the case of exigent circumstances, the court shall make its determination within sixty days of the filing of the petition by the board.
(c) A determination of the circuit court shall be a final order which may be appealed to the Supreme Court of Appeals in the same manner as decisions in other civil actions.